Stadeker v. Jones

Citations

• 52 Miss. 729

Syllabus

<p>1. Evideuce : Competency. Against estate of a deceased person. Case in judgment.</p> <p>W. executed a mortgage on his crop to S., for the benefit of M., to secure advances made and to be made. M. died and W.' sold 1,200 pounds of his crop of cotton to J. & S. S., the trustee, brought his action of trover against J. & S. to recover the cotton or the value thereof.- Held, that W., the mortgagor, was a competent witness to prove that the debt secured by the mortgage was paid off and satisfied before he sold the cotton to J. & S.; it was not testifying against the estate of a deceased person, although the cestui que trust had died before the commencement of the suit.</p> <p>2. Same: Same: Satisfaction of trust deed. -Personalty. Parol evidence.</p> <p>Where a trust deed conveyed personal property, and suit is instituted by the trustee to recover the possession of the property, parol evidence'is admissible to prove that the debt secured by the trust deed has been paid off and discharged, although no satisfaction has been entered on the record.</p>